Posted on 10/11/2004 1:27:35 PM PDT by Former Military Chick
SACRAMENTO — Amid yellow ribbons and farewell banners at a ceremony for Iraq-bound troops here last week was one anonymous combat veteran waging a last-minute federal court battle to stay home.
The California National Guard soldier, identified as "John Doe" in a lawsuit filed Oct. 1 in U.S. District Court in Sacramento, contends that the military's controversial "stop-loss" program to involuntarily extend enlistments is illegal when applied to National Guard soldiers, about 40,000 of whom are deployed in the U.S. occupation of Iraq.
Coupled with a similar action filed Aug. 17 in San Francisco that involves another California National Guard soldier ordered to Iraq, the lawsuit is seen as the first serious court test of the stop-loss program, in which thousands of National Guard and reserve troops have been called on to meet increasing military manpower needs in Iraq.
"Ultimately, this is about fairness," said San Francisco attorney Joshua Sondheimer, who represents both California soldiers. "It is not fair or appropriate to put the burden of having an expanded military on the backs of those people who have already done their duty."
Stop-loss has become a part of the presidential debate, with Democratic candidate John Kerry calling the program a "backdoor draft." And the opposition is not strictly partisan. Arizona Sen. John McCain and other Republicans have also spoken against the practice.
But Lt. Col. Michael Jones, chief of recruiting and retention at National Guard headquarters in Washington, said the two soldiers represent the views of a tiny minority of those whose terms of service have been involuntarily extended.
"It is only two individuals out of 200,000 who are taking this action," said Jones, who also said he doubted that any veteran soldiers would be surprised or caught unaware by the involuntary call to duty.
(Excerpt) Read more at latimes.com ...
dont they agree to stop loss when they sign their name? wheres the confusion?
Whaaaaaaaaaaaaaaaaaa... All I wanted was money for college! I never thought that they would actually make me do my job...
They incurred an obligation in exchange for the benefits they've received. If they refuse to do their duty, send them to Leavenworth.
Yep.
What "other Republicans"? Last time I looked, McCain was a Republican In Name Only. Hell, that screwball spends more time siding with Kerry than with Bush. Nufsed.
i voted to be in the military before i voted against it..but after i cashed the tuition check?
I think I complained once about something during my Army career- except for the food, the work, the deployments, (to and from) the hours, the weather, (mud, rain, heat, cold, sand, snow) the enemy, the ugly PT uniforms (bananna yellow?) the expensive PT uniforms, (did I mention the hours?)...dumb ass leaders (including myself, upon occasion) it wasn't a bad career...never worried about stop loss though...I just kept my ruck packed...extended deployments just meant more beer money when I got back home...
You know when I was in the USAF from 72-76 they could have sent me anywhere to do anything for those 4 years plus 2 additional inactive reserve years following those 4 years.
I think it's a longer commitment now. I know it isn't up to the individual.
i notice the lawsuit is filed under a fake name......they know it's something to be ashamed of....luckily for him lawyers have no shame
Yes, they technically have every right to institute 'Stop Loss', but at the same time, this may have a chilling effect on future enlistments.
I don't want to be flamed here... I served in the 101st for 4 years, and then spent the last 2 years of my service in the reserves - and was well aware (and accepted) the responsibilities thereof.
I'm just giving us all something to think about.
I'd bet money John Doe was/is a "GI Bill Baby" (as in joined for the college bucks and didn't want the committment).
What a moron.
When you sign up for the military, you are given full warning that this might be the case.
Perhaps he didn’t read the LARGE PRINT.
This suit should be summarily rejected.
Cheers,
knews hound
There are three so-called Republicans that Kerry and his minions love to quote incessantly -
McCain - Hagel - Lugar
All three idiots have and continue to shoot there mouths off to the joy and adulation of the DNC.
i just got my walking papers, and breathed a hefty sigh of relief, so i do empathize with this guy, however, i kept my bags packed (actually they still are) incase i was called back up, and thats after spending 8 years forward deployed the entire time minus schools. got to read what you are signing, its an 8 year commitment in the contract not 4. no way should it be a "backdoor draft" Now retired battleship sailors that got "asked" to come back for the 1st Gulf War may have an issue.
Oh i never said i didnt whine about where i was assigned!! when i was assigned my first ship i camplained louder than a Gore supporter, but found out i loved it, oh well.
These guardsmen have got to realize that John Kerry's the only one who gets out of a war zone and out of the service early.
All the more reason to vote out those jackwits...and every other RINO. Those dolts don't serve the Republican party; they only serve the Democrats.
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